National Blog

Think the Third Amendment is Irrelevant?

Most Americans assume the Third Amendment to the Constitution is irrelevant in modern America. After all it states:

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

When was the last time you heard of the government quartering troops in private residences? Well, have you heard of Anthony Mitchell of Henderson, Nevada? He is currently suing the Henderson Police Department on third amendment grounds for using his house without his consent to conduct surveillance on his neighbor. From The Las Vegas Review Journal:

According to the lawsuit, Henderson police officer Christopher Worley told him police needed to “occupy his home in order to gain a ‘tactical advantage’ against the occupant of the neighboring house.”

Anthony Mitchell said that he didn’t want to be involved and he didn’t want police in his home.

Officers began banging on his door and demanded they be let inside. He called his mother who lived across the street at 362 Evening Side.

Terrified and confused, he dropped to the floor, covered his face with his hands and made no movement, according to the lawsuit.

Officer David Cawthorn then fired multiple shots with the pepperball gun, striking Anthony Mitchell three times as he “lay defenseless on the floor of his living room,” the lawsuit said . He was then handcuffed and taken to jail.